Bill Status of HB 1958   97th General Assembly

Short Description:  PREGNANT PRISONER-RESTRAINTS

House Sponsors
Rep. Robyn Gabel-Rita Mayfield-Barbara Flynn Currie-Monique D. Davis-Constance A. Howard, Daniel Biss, Lou Lang, Kenneth Dunkin, Naomi D. Jakobsson, Deborah Mell, Sara Feigenholtz and Karen A. Yarbrough

Senate Sponsors
(Sen. Toi W. Hutchinson-Donne E. Trotter-Iris Y. Martinez-Jacqueline Y. Collins-Mattie Hunter and Ira I. Silverstein)


Last Action  View All Actions

DateChamber Action
  1/13/2012HousePublic Act . . . . . . . . . 97-0660

Statutes Amended In Order of Appearance
55 ILCS 5/3-15003.6
730 ILCS 5/3-6-7
730 ILCS 125/17.5
745 ILCS 10/4-105from Ch. 85, par. 4-105

Synopsis As Introduced
Amends the Counties Code, the Unified Code of Corrections, and the County Jail Act. Provides that a county department of corrections and the Illinois Department of Corrections shall not apply security restraints to a prisoner that has been determined by a qualified medical professional to be pregnant and is known by the county department of corrections or the Illinois Department of Corrections to be pregnant or in postpartum recovery, unless the corrections official makes an individualized determination that the prisoner presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the prisoner, her child or unborn child, the staff of the Illinois Department of Corrections, a county department of corrections, or the medical facility, other prisoners, or the public. Provides that leg irons, shackles, or waist shackles shall not be used on any pregnant or postpartum prisoner regardless of security classification. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that the county department of corrections official is immune from civil liability when applying security restraints to pregnant prisoners or those in postpartum recovery, except for willful and wanton conduct.

House Committee Amendment No. 1
Provides that the fiscal year report of every instance where restraints of pregnant prisoners were used shall be reported to the Illinois General Assembly and the Office of the Governor (rather than to the Office of the Illinois Attorney General).

House Floor Amendment No. 2
Deletes reference to:
730 ILCS 5/3-6-7
745 ILCS 10/4-105

Replaces everything after the enacting clause. Reinserts the provisions of the bill, as amended by House Amendment No. 1, but: (1) provides that except for therapeutic restraints, no restraints of any kind may be applied to prisoners during labor; (2) provides that when restraints are necessary during transport of pregnant prisoners who are not in labor or pregnancy-related medical distress, restraints shall be limited to handcuffs in front; (3) deletes the amendatory changes to the Unified Code of Corrections and the Local Governmental and Governmental Employees Tort Immunity Act; and (4) provides that the County Department of Corrections shall require all security staff to undergo training in the treatment, movement, and transportation of pregnant prisoners during their initial training and shall also include such training as a component in an annual training program.

 Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
 HB 1958 (H-AM 1) has a minimal fiscal impact and no corrections population impact.

 Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
 HB 1958 (H-AM 2) has no fiscal or corrections population impact.

 Fiscal Note, House Committee Amendment No. 1 (Dept of Corrections)
 HB 1958 (H-AM 1) has a minimal fiscal impact and no corrections population impact.

 Fiscal Note, House Floor Amendment No. 2 (Dept of Corrections)
 HB 1958 (H-AM 2) has no fiscal or corrections population impact.

 State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 HB 1958 (H-AM 1) does not create a State mandate.

 State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 HB 1958 (H-AM 2) does not create a State mandate.

 Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
 Would neither increase nor decrease the number of judges needed in the state.

 Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
 Would neither increase nor decrease the number of judges needed in the state.

House Floor Amendment No. 3
Deletes reference to:
730 ILCS 125/17.5

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended but: (1) changes the definition of "correctional institution" to limit it to an entity under the authority of a county law enforcement division of a county of more than 1,000,000 inhabitants; and (2) deletes the amendatory changes to the County Jail Act.

House Floor Amendment No. 4
Provides that the amendatory Act applies to correctional institutions located in a county of more than 3,000,000 (rather than 1,000,000) inhabitants.

Actions 
DateChamber Action
  2/17/2011HouseFiled with the Clerk by Rep. Robyn Gabel
  2/17/2011HouseFirst Reading
  2/17/2011HouseReferred to Rules Committee
  2/23/2011HouseAdded Chief Co-Sponsor Rep. Rita Mayfield
  2/23/2011HouseAssigned to Human Services Committee
  3/7/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Robyn Gabel
  3/7/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/8/2011HouseHouse Committee Amendment No. 1 Rules Refers to Human Services Committee
  3/9/2011HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/9/2011HouseRemains in Human Services Committee
  3/16/2011HouseDo Pass as Amended / Short Debate Human Services Committee; 011-000-000
  3/16/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/29/2011HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  4/11/2011HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Robyn Gabel
  4/11/2011HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/12/2011HouseHouse Floor Amendment No. 2 Rules Refers to Human Services Committee
  4/12/2011HouseHouse Floor Amendment No. 2 Recommends Be Adopted Human Services Committee; 006-002-000
  4/14/2011HouseSecond Reading - Short Debate
  4/14/2011HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/14/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  4/14/2011HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Roger L. Eddy
  4/14/2011HouseHouse Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Roger L. Eddy
  4/14/2011HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Roger L. Eddy
  4/14/2011HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Roger L. Eddy
  4/14/2011HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  4/14/2011HouseAdded Chief Co-Sponsor Rep. Constance A. Howard
  4/14/2011HouseAdded Co-Sponsor Rep. Daniel Biss
  4/14/2011HouseAdded Co-Sponsor Rep. Lou Lang
  4/14/2011HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  4/14/2011HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  4/14/2011HouseAdded Co-Sponsor Rep. Deborah Mell
  4/14/2011HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  4/14/2011HouseHouse Committee Amendment No. 1 Correctional Note Filed as Amended
  4/14/2011HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended
  4/14/2011HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/14/2011HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended
  4/15/2011HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  4/15/2011HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  4/15/2011HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  4/15/2011HouseHouse Committee Amendment No. 1 Judicial Note Requested as Amended by Rep. Roger L. Eddy
  4/15/2011HouseHouse Floor Amendment No. 2 Judicial Note Requested as Amended by Rep. Roger L. Eddy
  4/15/2011HouseFinal Action Deadline Extended-9(b) May 6, 2011
  4/18/2011HouseHouse Committee Amendment No. 1 Judicial Note Filed as Amended
  4/18/2011HouseHouse Floor Amendment No. 2 Judicial Note Filed as Amended
  4/26/2011HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Robyn Gabel
  4/26/2011HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/27/2011HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  4/27/2011HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  4/27/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/28/2011HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Robyn Gabel
  4/28/2011HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/3/2011HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-000-000
  5/3/2011HouseRecalled to Second Reading - Short Debate
  5/3/2011HouseHouse Floor Amendment No. 4 Adopted by Voice Vote
  5/3/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/5/2011HouseThird Reading - Short Debate - Passed 086-030-000
  5/6/2011SenateArrive in Senate
  5/6/2011SenatePlaced on Calendar Order of First Reading
  5/6/2011SenateChief Senate Sponsor Sen. Toi W. Hutchinson
  5/6/2011SenateFirst Reading
  5/6/2011SenateReferred to Assignments
  5/10/2011SenateAssigned to Criminal Law
  5/13/2011SenateRule 3-9(a) / Re-referred to Assignments
  10/12/2011SenateRe-assigned to Criminal Law
  10/24/2011SenateRule 2-10 Third Reading Deadline Established As November 10, 2011
  11/8/2011SenateDo Pass Criminal Law; 007-002-000
  11/8/2011SenatePlaced on Calendar Order of 2nd Reading November 8, 2011
  11/8/2011SenateSecond Reading
  11/8/2011SenatePlaced on Calendar Order of 3rd Reading November 9, 2011
  11/8/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Donne E. Trotter
  11/9/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  11/9/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  11/14/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  11/21/2011SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  11/28/2011SenateRule 2-10 Third Reading Deadline Established As December 31, 2011
  11/29/2011SenateThird Reading - Passed; 044-010-000
  11/29/2011HousePassed Both Houses
  12/14/2011HouseSent to the Governor
  1/13/2012HouseGovernor Approved
  1/13/2012HouseEffective Date June 1, 2012
  1/13/2012HousePublic Act . . . . . . . . . 97-0660

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